Referral fee rules · North Dakota
Referral fees in North Dakota
N.D. R. Prof. Conduct 1.5(e) · Proportional work or joint responsibility
North Dakota requires either a proportional split or joint responsibility, but with two variations from the model rule: joint responsibility must be assumed by written agreement (between the lawyers), and client consent is a consultation-and-no-objection standard rather than written agreement. The client must not object to the participation of all lawyers involved after consultation, and the total fee must be reasonable. The comment expressly states the rule does not require disclosure to the client of the share each lawyer will receive.
What North Dakota requires
- • Division proportional to services OR each lawyer, by written agreement, assumes joint responsibility
- • After consultation, client does not object to participation of all lawyers involved
- • Total fee is reasonable
- • No requirement to disclose each lawyer's share; no written client consent required
Source: read the rule text
Educational summary, not legal advice. Rules change and several turn on the facts of the matter. Confirm against the current rule text and your own jurisdiction's version before agreeing to divide a fee. Remember that both the referring and receiving lawyer's rules can apply.
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Jurisdictions with a similar rule
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